Why Do We Need Human Rights? (5): Property Rights

Private property often does not have a good press. It’s unequal distribution has often been criticized. However, there is a recognized human right to private property (or, more specifically, the right to legal protection of private property and the right to use it freely) and this right is important for different reasons.

First of all, private property is a means to protect of the private space. Without private property, without your own house or your own place in the world, and without your own intimate and personal things, it is obviously more difficult to have a private life. The four walls of your private house protect you against the public.

Without private property, there is no private world (another example of the indivisibility and interdependence of human rights).

Just as there is no light without darkness, there is nothing common to all people and no public space without private property. So private property protects publicity, commonality etc. Independence, self-reliance, autonomy, and therefore, also freedom, are important values, and these values rely heavily on private property.

Private property is also important for the creation and maintenance of relationships. You have your own house and your own place in the world, but not in the world in general. You live in a particular world, in a very concrete social context of friends, enemies, neighbors and other types of relationships. A place in the world is always a place in a particular community, even if you have to transcend this community now and again.

Furthermore, property is an important tool in the creative design of your personality, especially, but not exclusively, when you are an artist.

Finally, it is obvious that without private property there can be no help or generosity. Generosity and the absence of egoism are important for the preservation of a community.

The right to private property, and in particular, the right to your own house, is linked to the freedom to choose a residence, which again is linked to the freedom of movement (again another example of the indivisibility of human rights).

The right to private property is, just as most of the other human rights, a limited right. There can and should be redistribution of private property from the rich to the poor, if other human rights of the poor suffer as a consequence of insufficient private property (for example, the economic rights of the poor). Taxation and expropriation, however, should be used carefully, in view of the numerous important functions of private property. The more property a state acquires, the weaker the citizen becomes. Weaker not only compared to the state, but also compared to fellow citizens. His fellow citizens will find themselves in a position whereby they can control and intervene in his weakened private space.

You also own your own body. Your body is part of your private property. It is something that is yours; it is the thing par excellence that is your own. It is not common to several people and it cannot be given away. It cannot even be shared or communicated. It is the most private thing there is. Owning your body means that you are the master of it. Other people have no say in the use of your body; they should not use it, hurt it or force you to use it in a certain way. This underpins the security rights such as the right to life, the right to bodily integrity, and the prohibition of torture and slavery. It also implies the right to self-determination, and therefore, the right to die. You carry prime responsibility over your own body and life.

The property of your body can justify private property of material goods. The power of your body and your labor is incorporated in the goods you produce. By working on an object, you mix your labor with the object. If someone wants to take this object away from you, he also takes away your labour, which means that he takes away the power of your body. He therefore uses your body, which is incompatible with your right to possess your own body. See John Locke for a more elaborate exposition of this argument. If man owns his body, he also owns the power of his body and the objects in which this power is incorporated, to the extent that he has not stolen the objects. This can also be used as an argument in favor of some form of communism.

The right not to be a slave is the negative version of the right to possess your own body. Those who commit slavery (but also those who steal) act as if the bodies of other people are their property, a property that can be bought and sold. Considering other people as your property diminishes the value and dignity of these other people. Other people should not be considered as a means.

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4 thoughts on “Why Do We Need Human Rights? (5): Property Rights

  1. In third world countries like India, women are often denied of ancestral property rights, thereby leading to so called “Feminization of Poverty”. Even the laws which are supposed to protect women’s right are not able to serve its purpose? why is it so?

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